Program Application


Errors occurred!



    This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.


    Conversion action Online purchase with processed valid payment
    Cookie days 30 days
    Commission type Variable, depending on your lifetime sales volume.
    Base commission Starting at 10% and based on sales volume
    Additional terms Get Rewarded for Doing What You Love. Every Ambassador starts off earning a base commission of 10%. We set up a tiered structure that allows you to quickly work your way up to earning a 25% commission on all orders. PLUS our top ambassadors can earn additional Bonuses and Awards.
    krush_surge_logo.png

    JOIN THE SRGE ACTV TEAM AND GET REWARDED FOR DOING WHAT YOU LOVE TO DO 

    As we expand SRGC ACTV's reach worldwide, we're seeking enthusiastic ambassadors who share our commitment to empowering others. Our mission is to help others reach beyond their limitations, enabling them to overcome obstacles, persevere through challenges, and unlock their true potential.

    If you're passionate and uncompromising in your pursuit of excellence, we invite you to join us on this mission.

    PLEASE READ THE ENTIRE AGREEMENT.

    YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.

    THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SURGE SUPPLEMENTS, LLC (DBA SURGESUPPLEMENTS.COM).

    Please read the terms and conditions of this affiliate program agreement carefully before you join our program or begin marketing our program. These terms and conditions are written in plain language intentionally avoiding legalese to ensure that they may be clearly understood and followed by affiliates. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with this agreement.

    BY SUBMITTING THE ONLINE APPLICATION TO JOIN OUR AFFILIATE PROGRAM, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

    DEFINITIONS

    As used in these terms and conditions: (i) “We”, “us”, or “our” refers to Surge Supplements LLC and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the Surge website located at www.surgesupplements.com; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to the Surge Affiliate Program.

    AFFILIATE OBLIGATIONS

    ENROLLMENT

    To begin the enrollment process, you will complete and submit the online application at the
    Refersion.com server. After receiving your application, we will review your
    website and notify you of your acceptance or rejection into our Program. Please
    allow up 48 hours for your application to be reviewed. The fact that we
    auto-approve applications does not imply that we may not re-evaluate your
    application at a later time.

    We reserve the right to reject any application for any reason, however we encourage you to
    contact us if you feel we have made an incorrect decision. Including all of the
    websites that you use in your profile will help us make a better decision.

    WEBSITE RESTRICTIONS

    Your participating website(s) may not:

    1. Infringe on our or any anyone else's intellectual property, publicity, privacy or other
    rights.

    2. Violate any law, rule or regulation.

    3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to
    minors, or contains nudity, pornography or sexually explicit materials.

    4. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer
    programming routines that are intended to damage, interfere with,
    surreptitiously intercept or expropriate any system, data, or personal
    information.

    5. Contain software or use technology that attempts to intercept, divert or redirect
    Internet traffic to or from any other website, or that potentially enables the
    diversion of affiliate commissions from another website. This includes
    toolbars, browser plug-ins, extensions and add-ons.

    LINKING TO OUR WEBSITE

    Upon acceptance into the Program, links will be made available to you through the
    interface.  You will be able to review the Program's details and
    previously-published affiliate newsletters, download HTML code that provides
    for links to web pages within the our website and banner creatives, browse and
    get tracking codes for our coupons and deals.

    Your acceptance in our program means you agree to and abide by the following.

    1. You will only use linking code we provide you for each banner, text link, or other
    affiliate link obtained from the affiliate interface without manipulation.

    2. We reserve the right, at any time, to review your placement and approve the use of Your
    Links and require that you change the placement or use to comply with the
    guidelines provided to you.

    3. All domains that use your affiliate link must be listed in your affiliate profile.

    4. Your Website will not in any way copy, resemble, or mirror the look and feel of our
    Website. You will also not use any means to create the impression that your
    Website is our Website or any part of our Website including, without
    limitation, framing of our Website in any manner.

    5. You may not engage in cookie stuffing or include pop-ups, false or misleading links on
    your website. In addition, wherever possible, you will not attempt to mask the
    referring url information (i.e. the page from where the click is originating).

    6. Using redirects to bounce a click off of a domain from which the click did not
    originate in order to give the appearance that it came from that domain (also
    known as cloaking) is prohibited.

    If you are found redirecting links to hide or manipulate their original source, your
    current and past commissions will be voided or your commission level will be
    set to 0%. This does not include using "out" redirects from the same
    domain where the affiliate link is placed.

    7. The maintenance and the updating of your site will be your responsibility. We may monitor
    your site as we feel necessary to make sure that it is up-to-date and to notify
    you of any changes that we feel should enhance your performance.

    8. It is entirely your responsibility to follow all applicable intellectual property and
    other laws that pertain to your site. You must have express permission to use
    any person's copyrighted material, whether it be a writing, an image, or any
    other copyrightable work. We will not be responsible (and you will be solely
    responsible) if you use another person's copyrighted material or other
    intellectual property in violation of the law or any third-party rights.

    9. You will not, in connection with this Agreement, display or reference on your site, any
    trademark or logo of any third party seller appearing on our website unless you
    have an independent license for the display of such trademark or logo; use any
    data, images, text, or other information obtained by you from us or our website
    in connection with this Agreement only in a lawful manner and only in accordance
    with the terms of this Agreement.

    10. We grant you a limited, nonexclusive, non-transferable, revocable right to use the
    graphic image and text solely for the purpose of you participating in the
    Program. You may not modify the graphic image or text in any way. All of our
    rights in the graphic image and text, any other images, our trade names and
    trademarks, and all other intellectual property rights are reserved. Should we
    decide to revoke your license, we will give you notice.

    11. You acknowledge our ownership of our licensed materials, agree that you will not do
    anything inconsistent with our ownership and that all of your use of the
    licensed materials will inure to the benefit of, and on behalf of, the Program
    and, if requested, agree to assist us in recording this Agreement with
    appropriate government authorities. You agree that nothing is this Agreement
    gives you any right, title or interest in the licensed materials other than the
    right to use the licensed materials in accordance with this Agreement. You also
    agree that you will not attack the our title to the licensed materials or the
    validity of the Licensed Materials or this Agreement.


    PPC GUIDELINES

    1. You may not bid on any of our trademarked terms (which are identified below), including
    any variations or misspellings thereof for search or content-based campaigns on Google, Bing, MSN, Yahoo, Facebook or any other network unless given written permission first from us.

    2. You may not use our trademarked terms, including any variations or misspellings as per
    #1 above, in sequence with any other keyword (including, but not limited to 'Surge
    Coupons', 'Surge Discount Codes', 'Surge Promo', etc).

    3. You may not use our trademarked terms in your ad title, ad copy, display name or as the
    display url.

    4. You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Customers must be directed to an actual page on your website.

    5. You may not bid in any manner appearing higher than us for any search term in position
    1-5 in any auction style pay-per-click advertising program.

    6. If you automate your PPC campaigns, it is your responsibility to exclude our
    trademarked terms from your program and we strongly suggest you add our
    trademarked terms as negative keywords. We have a strict no tolerance policy on
    PPC trademark bidding. If discovered brand bidding on PPC campaigns, you will
    be sent an email asking to remove the ads in question within 24 hours. If the
    ads are not removed within 24 hours you will be removed from the program
    permanently and all commissions associated with the violations will be
    reversed.

    TRADEMARKED TERMS

    The following list of trademarked terms should not be treated as an exhaustive list (but as a
    list of some of the prohibited terms):

    Surge, surgesupplements.com,
    www.surgesupplements.com, Surge coupon, Surge coupon code, Surge discount, Surge
    discount code, Surge promo, Surge promo code, Surge sale, Surge sales, Surge
    deal, Surge deals

    COUPON GUIDELINES

    If you are enrolled in our Program and your Website promotes coupon codes, you must adhere
    to our Coupon Guidelines as follows:

    1. You may ONLY advertise coupon codes that are provided to you through the affiliate program.

    2. Posting any information about how to work around the requirements of a coupon/promotion
    (i.e. first-time customers only) will result in removal from the program.

    3. Coupons must be displayed in their entirety with the full offer, valid expiration date
    and code.

    4. You may NOT use any technology that covers up the coupon code and generates the
    affiliate click by revealing the code(s).

    5. You may NOT advertise coupon codes obtained from our non-affiliate advertising,
    customer e-mails, paid search, or any other campaign.

    6. You may NOT give the appearance that any ongoing offer requires clicking from your
    website in order to redeem. For example, if all items on the site have free
    shipping over $100, you may not turn this into an offer that infers that the
    customer must click from your site to get this deal.

    7. Additionally, if your website ranks on the first page of any search engine for
    terms related to our website or company name(s) combined with the words coupon,
    coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%,
    you may be offered a lower commission than our standard rate to offset the
    reduced profitability of orders.


    COUPON ATTRIBUTION & AUTHENTICATION

    Affiliates whose primary business is posting coupons, who are viewed by the program as
    being a coupon site, and/or who are tagged as a coupon affiliate in our system,
    may not be paid commissions for sales generated without a corresponding valid
    coupon code. Valid codes are defined as codes that are made available to the
    affiliate channel in general, through newsletters or the respective section in
    Refersion, and directly or privately to affiliates. Coupon codes that are not
    real, expired, not specific (i.e. 'up to 40% off sale items') or are long-term,
    sitewide offers that do not require a code may not be considered valid codes
    and the affiliate will not be given commission on these orders.

    SUB-AFFILIATE NETWORKS

    Promoting us through a sub-affiliate network is permitted, however you must be completely transparent
    with regards to where traffic from your sub-affiliates originated.
    Sub-affiliate networks must ensure that all sub-affiliates promoting the
    Program adhere to our terms and conditions. This includes restrictions on
    advertising through toolbars, browser extensions, and through any paid
    placements such as a pay-per-click campaigns. Sub-affiliate networks must also
    receive approval prior to allowing any type of coupon sub-affiliate to promote
    the Program.

    Failure to comply with our sub-affiliate network terms may result in a loss
    and/or reduction of commission from sales made through any sub-affiliate that
    does not comply with our terms.

    DOMAIN NAMES

    Use of any of our trademarked terms as part of the domain or sub-domain for your website is
    strictly prohibited.

    OK
    website.com/surge

    Not OK
    surge.website.com
    surge-coupons.com
    surgesupplements.website.com
    surgesupplements-coupons.com


    ADVERTISING & PUBLICITY

    You shall not create, publish, distribute, or print any written material that makes
    reference to our Program without first submitting that material to us and
    receiving our prior written consent. If you intend to promote our Program via
    e-mail campaigns, you must adhere to the following:

    1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.

    2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on
    behalf of us.

    3. E-mails must first be submitted to us for approval prior to being sent or we must be
    sent a copy of the e-mail.

    SOCIAL MEDIA

    Promotion on Facebook, Twitter, Instagram, YouTube and other social media platforms is
    permitted following these general guidelines:

    1. You ARE allowed to promote offers to your own lists; more specifically, you're welcome
    to use your affiliate links on your own Facebook, Twitter, etc. pages.

    2. You ARE PROHIBITED from posting your affiliate links on our Facebook, Instagram,
    Twitter, Pinterest, etc. accounts or company pages in an attempt to turn those
    links into affiliate sales.

    3. You ARE PROHIBITED from running Facebook ads with our trademarked company name.

    4. You ARE PROHIBITED from creating a social media account that includes our trademark/s
    in the page name and/or username.


    FTC DISCLOSURE REQUIREMENTS

    You shall include a disclosure statement within any and all pages, blog/posts, or social
    media posts where affiliate links for our affiliate program are posted as an
    endorsement or review, and where it is not clear that the link is a paid
    advertisement. This disclosure statement should be clear and concise, stating
    that we are compensating you for your review or endorsement. If you received
    the product for free from us or from the affiliate management team for review,
    this also must be clearly stated in your disclosure.

    * Disclosures must be made as close as possible to the claims.

    * Disclosures should be placed above the fold; scrolling should not be
    necessary to find the disclosure. (e.g. Disclosure should be visible before the
    jump).

    * Pop-up disclosures are prohibited.

    For more information about FTC disclosure requirements, please review the FTC's
    "Dot Com Disclosures" Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf ;
    and the FTC's Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsements



    SURGE SUPPLEMENTS RIGHTS AND OBLIGATIONS

    We have the right to monitor your site at any time to determine if you are following the
    terms and conditions of this Agreement. We may notify you of any changes to
    your site that we feel should be made, or to make sure that your links to our
    web site are appropriate and to notify further you of any changes that we feel
    should be made. If you do not make the changes to your site that we feel are
    necessary, we reserve the right to terminate your participation in the Program.

    We reserve the right to terminate this Agreement and your participation in the Program
    immediately and without notice to you should you commit fraud in your use of
    the Program or should you abuse this program in any way. If such fraud or abuse
    is detected, we shall not be liable to you for any commissions for such
    fraudulent sales.

    This Agreement will begin upon our acceptance of your Affiliate application, and
    will continue unless terminated hereunder.

    TERMINATION

    1. Either you or we may end this Agreement AT ANY TIME, with or without cause, by utilizing
    the respective functionality of the affiliate platform. In addition, this
    Agreement will terminate immediately upon any breach of this Agreement by you.

    2. Upon the termination of this Agreement for any reason, you will immediately cease use
    of, and remove from your site, all links to our website, and all of our
    trademarks, trade dress, and logos, and all other materials provided by or on
    behalf of us to you pursuant hereto or in connection with the Program.

    3. You are eligible to earn commissions only on sales of qualifying products that occur
    during the term, and commissions earned through the date of termination will
    remain payable only if the related orders are not canceled or returned. We may
    withhold your final payment for a reasonable time to ensure that the correct
    amount is paid.

    MODIFICATION

    We may modify any of the terms and conditions in this Agreement at any time at our sole
    discretion. In such event, you will be notified by email. Modifications may
    include, but are not limited to, changes in the payment procedures and the
    Program rules. If any modification is unacceptable to you, your only option is
    to end this Agreement. Your continued participation in the Program following
    the posting of the change notice or new Agreement on our site will indicate
    your agreement to the changes.

    OUR CUSTOMERS

    Customers who buy products through this the Program are our customers. All of our standard
    policies and operating procedures will apply to these customers. We may change
    our policies and operating procedures at any time. Product prices and
    availability may vary from time to time.

    ORDER PROCESSING

    1. Only items that were purchased by customers who use the Program Affiliate Link from your
    site to our website are considered 'direct sales'. Direct sales placed through
    the Program Affiliate Link on your site are reduced by items that are not
    shipped, cancelled by customers, returned, charged back or refunded at a later date.

    2. We reserve the right to exclude items ordered by you (using the Program Affiliate Link
    which would otherwise qualify for direct sales) and to not pay commissions for
    them, if we deem it necessary, in our sole discretion, to prevent abuse of the
    Program, or to reject orders that do not comply with any requirements that we
    periodically may establish.

    3. We will be responsible for processing orders and will handle all customer service issues.
    We will track sales by customers who purchase products by using the Program
    Affiliate Link from your site to our website. A statement of activity is
    available to you on Refersion interface.

    PAYMENT

    We use a third party to handle all of the tracking and payment. The third party is the
    Refersion.com affiliate platform. Kindly review the network's payment terms and
    conditions.

    ACCESS TO AFFILIATE ACCOUNT INTERFACE

    You will create a password so that you may enter Refersion's secure affiliate account
    interface. From their site you will be able to receive your reports that will
    describe our calculation of the commissions due to you.

    TRANSACTION LOCK DATES

    All sales will remain in a 'sales pending period' and will not lock until the terms set
    forth within the locking period parameters of our Program. All locked payments
    will be processed by Refersion after the(ir) lock date.

    REVERSAL & COMMUNICATION POLICY

    We take pride in our low reversal rate, which we attribute to open communication with our
    affiliates. However, we reserve the right to reverse orders due to order cancellations,
    duplicate tracking, returns, disputed charges, and program violations as
    outlined in these terms and conditions.

    Additionally, if we ask you for clarification or more information on any orders
    or clicks that we suspect may be in violation of our terms and conditions, we
    expect that you will respond in a timely and honest manner. Below are
    violations of our communications policy.

    1. You are not forthcoming, intentionally vague or are found to be lying.

    2. You are not responsive within a reasonable time period and after multiple attempts to
    contact with information listed in your network profile.

    3. You cannot substantiate or validate the source of your traffic to our program with clear
    and demonstrable proof.

    4. If any of the above apply, then we reserve the absolute right to reverse orders, set your
    commission to 0% or suspend you from the program for the period or orders in
    question or terminate you from the program altogether. We know that many
    violations are a result of automated processes; however, it is incumbent upon
    each affiliate to ensure that it has the appropriate checks and balances in
    place to pro-actively address these issues and adhere to our program rules.

    GRANT OF LICENSES

    1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our
    site through HTML links solely in accordance with the terms of this Agreement
    and (ii) solely in connection with such links, to use our logos, trade names,
    trademarks, and similar identifying material (collectively, the "Licensed
    Materials") that we provide to you or authorize for such purpose.

    2. You are only entitled to use the Licensed Materials to the extent that you are a member
    in good standing of the Program. You agree that all uses of the Licensed
    Materials will be on behalf of the Program and the good will associated
    therewith will inure to the sole benefit of us.

    3. Each party agrees not to use the other's proprietary materials in any manner that is
    disparaging, misleading, obscene or that otherwise portrays the party in a
    negative light. Each party reserves all of its respective rights in the
    proprietary materials covered by this license. Other than the license granted
    in this Agreement, each party retains all right, title, and interest to its
    respective rights and no right, title, or interest is transferred to the other.

    4. Except for the limited license granted under this section, you do not obtain any rights
    under this Agreement in any intellectual property, including, without
    limitation, any intellectual property with respect to our Affiliate Link, link
    formats, technical specifications, guidelines or graphical artwork referenced
    above, or with respect to our domain name.

    REPRESENTATIONS AND WARRANTIES

    You represent and warrant that:

    1. This Agreement has been duly and validly executed and delivered by you and
    constitutes your legal, valid, and binding obligation, enforceable against you
    in accordance with its terms;

    2. You have the full right, power, and authority to enter into and be bound by the terms
    and conditions of this Agreement and to perform your obligations under this
    Agreement, without the approval or consent of any other party;

    3. You have sufficient right, title, and interest in and to the rights granted to us in
    this Agreement.

    DISCLAIMER

    SURGE SUPPLEMENTS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING
    OUR PROGRAM, SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN,
    ANY IMPLIED WARRANTIES OF OUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
    NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO
    REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR
    FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR
    ERRORS.

    LIMITATIONS OF LIABILITY

    WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY
    CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY
    FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES
    (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED
    PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
    SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN
    THIS AGREEMENT, IN NO EVENT SHALL SURGE’S CUMULATIVE LIABILITY TO YOU ARISING
    OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE,
    STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL
    COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

    INDEMNIFICATION

    You hereby agree to indemnify and hold harmless Surge, and its subsidiaries and
    affiliates, and their directors, officers, employees, agents, shareholders,
    partners, members, and other owners, against any and all claims, actions,
    demands, liabilities, losses, damages, judgments, settlements, costs, and
    expenses (including reasonable attorneys' fees) (any or all of the foregoing
    hereinafter referred to as "Losses") insofar as such Losses (or
    actions in respect thereof) arise out of or are based on (i) any claim that our
    use of the affiliate trademarks infringes on any trademark, trade name, service
    mark, copyright, license, intellectual property, or other proprietary right of
    any third party, (ii) any misrepresentation of a representation or warranty or
    breach of a covenant and agreement made by you herein, or (iii) any claim
    related to your site, including, without limitation, content therein not
    attributable to us.

    CONFIDENTIALITY

    All confidential information, including, but not limited to, any business,
    technical, financial, and customer information, disclosed by one party to the
    other during negotiation or the effective term of this Agreement which is
    marked "Confidential," will remain the sole property of the
    disclosing party, and each party will keep in confidence and not use or
    disclose such proprietary information of the other party without express
    written permission of the disclosing party.

    MISCELLANEOUS

    1. You agree that you are an independent contractor, and nothing in this Agreement will
    create any partnership, joint venture, agency, franchise, sales representative,
    or employment relationship between you and us. You will have no authority to
    make or accept any offers or representations on our behalf. You will not make
    any statement, whether on Your Site or any other of Your Site or otherwise,
    that reasonably would contradict anything in this Section.

    2. Neither party may assign its rights or obligations under this Agreement to any party,
    except to a party who obtains all or substantially all of the business or
    assets of a third party.

    3. This Agreement shall be governed by and interpreted in accordance with the laws of
    the United States and the State of New York without regard to the conflicts of
    laws and principles thereof.

    4. You may not amend or waive any provision of this Agreement unless in writing and signed
    by both parties.

    5. This Agreement represents the entire agreement between us and you, and shall
    supersede all prior agreements and communications of the parties, oral or
    written.

    6. The headings and titles contained in this Agreement are included for convenience
    only, and shall not limit or otherwise affect the terms of this Agreement.

    7. If any provision of this Agreement is held to be invalid or unenforceable, that
    provision shall be eliminated or limited to the minimum extent necessary such
    that the intent of the parties is effectuated, and the remainder of this
    agreement shall have full force and effect.

    8. Our failure to enforce your strict performance of any provision of this Agreement
    will not constitute a waiver of our right to subsequently enforce such
    provision or any other provision of this Agreement.


    INDEPENDENT INVESTIGATION

    YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND
    CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME ADMIT OTHERS INTO THE
    PROGRAM ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. YOU
    HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM
    AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN
    AS SET FORTH IN THIS AGREEMENT.